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State Guide · Georgia

Georgia HOA Rental Compliance: What Associations Must Track

Georgia gives associations broad power to restrict leasing—but recent legislation attaches real record-keeping duties to that power. An association that can't produce the right records can lose grandfathering disputes, and starting in 2027, an unregistered association loses its power to fine or lien at all.

Last reviewed October 5, 2026. General information, not legal advice—confirm current statutory text with your association's attorney.

The statutes that create tracking duties

Each of these laws requires your association to be able to prove something. That's a record-keeping obligation, whether or not anyone calls it that.

O.C.G.A. § 44-3-226 (as amended by SB 442, eff. Jan. 1, 2021)

Statutory lease grandfathering

When covenants are amended to restrict leasing, a lot that is already non-owner-occupied and leased for an initial term of six months or longer when the amendment is made may continue to be leased until the property is conveyed for value. The protection applies to property owners' associations but does not extend to condominiums.

What your association must track:

  • A dated registry of exactly which lots were leased on the amendment's recordation date
  • Ongoing conveyance monitoring—grandfathering ends at sale, and the association must know when that happens
  • Documentation supporting each grandfathered status, in case it is ever challenged

SB 406 — Georgia Property Owners' Bill of Rights (signed May 2026; phased effective dates July 2026 – Jan. 2027)

Registration, records, and enforcement discipline

Georgia associations must register with the Secretary of State—an unregistered association may not assess or collect fines or fees, and Georgia practitioners read the act as also cutting off lien and foreclosure rights. The act also imposes ten-year financial record retention, itemized attorney-fee disclosures, and new dispute procedures.

What your association must track:

  • The association's registration status and renewal dates
  • Ten years of financial records, retrievable on request
  • Complete documentation behind every fine and lien—enforcement without records becomes indefensible under the new dispute process
  • The proposed Chapter 590-13 implementing rules as they move toward adoption—comment closes November 2, 2026, with hearings November 4–5

POAA communities vs. common-law communities (O.C.G.A. § 44-5-60(d)(4))

Who is actually bound by your leasing rules

Communities under the Property Owners' Association Act can generally adopt leasing caps that bind all owners. In non-POAA communities, Georgia courts have held that owners who did not consent in writing to a new leasing restriction may not be bound by it.

What your association must track:

  • Which legal regime your community is under—it changes what your amendments can do
  • Per-owner consent records for leasing amendments in non-POAA communities
  • Leasing permit and waitlist administration where caps apply, with consistent, dated records

The test: could your board produce this tomorrow?

If a dispute, an audit, or a new manager asked for the following, a compliant Georgia association should be able to hand it over without a scramble:

Which homes were leased on the date any leasing amendment was recorded—with evidence
The current rental count against any cap, and the waitlist order for owners waiting on a permit
Which owners are bound by which version of the leasing rules
A complete, dated file for every enforcement action, retained for the statutory period

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HB 62 (the "HOA Accountability and Community Empowerment Act") was tabled in the House on March 31, 2026 and did not pass this session; it is not currently moving but could be refiled. SB 406's main provisions take effect January 1, 2027, with Section 7's attorney-fee and judicial-review rules already in force since July 1, 2026—associations should be registered and their record-keeping in order before the January deadline. On October 2, 2026, the Secretary of State's Division of Securities and Business Registration published proposed implementing rules (Ga. Comp. R. & Regs., proposed Chapter 590-13, 27 individual rules covering registration, records-request response times, meeting notice, and the complaint-stay process). Written comment is due by close of business November 2, 2026, with public hearings in Atlanta on November 4 and 5, 2026, and a proposed adoption date of January 1, 2027 to match the statute's effective date. The rule text remained proposed, not final, as of this review.

Georgia HOA rental restrictions: common questions

Short answers drawn from the statutes above. General information, not legal advice.

Can an HOA restrict rentals in Georgia?
Yes. Georgia gives associations broad power to restrict leasing, but who is bound depends on the community's legal regime. Communities under the Property Owners' Association Act can generally adopt leasing caps that bind all owners; in non-POAA communities, Georgia courts have held that owners who did not consent in writing to a new leasing restriction may not be bound by it.
Are existing rentals grandfathered when a Georgia HOA amends its leasing rules?
For property owners' associations, yes. Under O.C.G.A. § 44-3-226, a lot already non-owner-occupied and leased for an initial term of six months or longer when a leasing amendment is made may continue to be leased until the property is conveyed for value. The protection does not extend to condominiums, and it ends at sale—so the association needs a dated registry of which lots were leased on the recordation date and ongoing conveyance monitoring.
What does SB 406 change for Georgia HOA rental enforcement?
Starting January 1, 2027, an association that is not registered with the Secretary of State may not assess or collect fines or fees, and Georgia practitioners read the act as also cutting off lien and foreclosure rights. The act also imposes ten-year financial record retention, itemized attorney-fee disclosures, and new dispute procedures—so every rental-related fine needs complete documentation behind it.

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